Notice to tenant
Faiz
(Querist) 23 May 2013
This query is : Resolved
Respected Experts,
When you give notice to a tenant on the ground of non-payment of rent, which is the correct way to put it -
...since you have not paid me rent "so i hereby terminate your tenancy,...hand over the possession to me within 30 days from the date of receipt of this notice, or else legal proceedings (for possession) shall be initiated against you"
or you should say..
..since you have not paid me rent "so your tenancy will be terminated after the expiry of 30 days from date of receipt of this notice, if you do not give me possession after 30 days i will .... "
I mean to ask do you terminate the tenancy 'by serving a notice' or you warn him of terminating the tenancy after ...days?
or there is another better way of putting it?
thanks & regards
Faiz
Raj Kumar Makkad
(Expert) 23 May 2013
It depends upon the terms of the the agreement. Both ways can be used as per clauses.
R.K Nanda
(Expert) 24 May 2013
send legal notice.
V R SHROFF
(Expert) 24 May 2013
Send Lawyer notice.
Dr J C Vashista
(Expert) 26 May 2013
Rent ControlAct differs in states,in Delhi it is 2 months notice is mandatory and even if tenant fails to pay rent within 2 months, file eviction.
Faiz
(Querist) 26 May 2013
Dear all
I know notice must be served but my query is tenancy is terminated 'by serving a notice' or the tenant is warned in the notice that his tenancy "will be terminated" after 30 days ?
by the property is in U.P.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 May 2013
1) you can not terminate tenancy for due rent.
You have to demand rent and if still remains overdue you have to go to the court for remedies.
2) Issue of notice in such cases is not so simple , better take assistance of a sr legal person who have experience in such cases.
ajay sethi
(Expert) 26 May 2013
did you enter into registered agreement with tenant ?
what were the clauses in agreement relating to termination ?
there must be a provision in said agreement that in event of default in payment of rent the landlord can terminate tenancy after issue of notice
Faiz
(Querist) 26 May 2013
It is unregistered rent deed. Yes there is clause that in case of rent is not paid landlord will have right to evict the tenant. But i think even if such a clause is not given in the rent note, it is a legal right of landlord to initiate eviction proceedings. Please correct me if am wrong.
Kindly read it again, my query is regarding the 'language' of terminating tenancy.
thanks
ajay sethi
(Expert) 26 May 2013
th terms of agreement are sacrosant . in your case the tenant has defaulted in payment of rent . contact local lawyer and issue eviction notice . in said notice invoke the clause in agreement .file eviction suit if he refuses to handover posession . cross check the provisions of UP rent control act
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 May 2013
In UP The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972)is applicable.
It has left many terms undefined and TP act is made applicable.
1) So unregistered tenancy of more than one year is illegal.
2) Notice is technical under TP act and only most seasoned advocates can handle it.
Raj Kumar Makkad
(Expert) 26 May 2013
Eviction is applicable on the day of expiry of notice.
Dr J C Vashista
(Expert) 27 May 2013
Generally all state Rent Control Acts provide protection to tenant, hence it is mandatory to issue notice for termination of tenancy on the ground(s) mentioned therein the specific provision/law.
Whether the rent agreement is registered or otherwise, it hardly affects the rights of landlord on the issue of non-payment of rent on demand notice.
It is advisable to engage local counsel.
Faiz
(Querist) 27 May 2013
U.P. Rent control act is applicable where the property is situated. So the notice would be under T.P. act or rent control act?
Dr J C Vashista
(Expert) 29 May 2013
Dear Mr. Faiz,
Contact local counsel.
However, notice is required for termination of tenancy whether it is within or out of State Rent Control Act.
prabhakar singh
(Expert) 29 May 2013
Dear Mr. Faiz!
Do not try to substitute services of a lawyer dealing rent cases.Engaging one would be prudent steps.
Right to notice tenant for demand of rent and eviction arises when default continues for a period of 4 months for cases where U.P.Rent control Act applies.
The tenant can save eviction if he complies the notice or pays all arrears togather with interest and cost of suit along with lawyers fees on very first date of hearing.
The notice should first contain relationship between you two.
Then it should state the rate of rent payable per month.
Then it should state the period for which
the rent is due and it should not be less
than 4 months for premises governed by U.P. Rent Control Act.
The rent should be asked to be paid within one month failing which tenancy shall stand terminated after expiry of a period of one month to be counted from the date of service,and in that situation tenant should be asked to vacate and deliver vacant possession to the landlord with communication that if tenant does not comply with the notice,the landlord shall file suit of eviction and for arrears of rent and damages for wrongful use and occupation.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 29 May 2013
This thread was going no where and one should not expect exact advice on a free web site.
However Mr Prabhakar singh you have added substance to the query.
1) Landlords as a rule are arrogant and at a drop of a feather want to evict the tenant.
2) In Rent laws or far that matter any other law defense always have ample opportunities.
Now to the real issue where landlords have weak side.
THE TP ACT DEFINES LEASE AS-
A lease of immoveable property is a transfer of a right to enjoy such property, made
for a certain time, express or implied, or in perpetuity,
AND IN ABSENCE OF CONTRACT THE LEASE-
In the absence of a contract or local law or usage to the contrary, a lease of
immoveable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months’notice expiring with the end of a year of the tenancy; and a lease of immoveable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days’ notice expiring with the end of a month of the
tenancy.
SO TENANT CAN ALWAYS CLAIM THE LEASE WAS ANNUAL LEASE OR LEASE FOR perpetuity.
Faiz
(Querist) 29 May 2013
Thank you Mr. Singh, you explained everything so so well!
Faiz
(Querist) 31 May 2013
Dear Mr. Adv. Defence
Even if lease was annual or lease for perpetuity, would that make the tenant owner of property? Would the landlord-tenant relationship cease to exist? Well, I dont think so.
I believe that a tenant will remain a tenant, even if the lease is permanent he can be evicted in the case of breach of an express condition. Or, what about denial of title?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 May 2013
There are very few people like you visiting this site and make legal and real sensible query.
1) Yes tenant is a tenant .
2) But landlords are few and tenants are more in number and so world over POLITICIANS make laws in favor of tenants.
3) The whole problem is eviction. Rent is the right of the landlord but not eviction.
4) Now what difference between ANNUAL and PERPETUAL tenancy. This is legal fiction created by law and an expert lawyer can keep you busy in courts and appeals without any worthwhile results.
5) So end result is that if you settle amicably it is OK otherwise the tenant is using your premises and you are paying the cost of legal battles.
YOU MAY CHOOSE YOUR OWN WAY.
Faiz
(Querist) 31 May 2013
Thank you Mr. Adv. Def.
I would have loved to discuss more on this interesting tenant-landlord (cat & mouse) topic but that would deviate us from the main subject, what we are here for.
Thanks anyway
Faiz
